TNAG-2462-FCO40-3583-Application-of-Colonial-Laws-Validity-Act-in-Hong-Kong-1992 — Page 20

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010654 MDLIAN 7810

TO PRIORITY FCO

TELNO 77

OF 170816Z JANUARY 92

INFO PRIORITY HONG KONG, UKREP JLG HONG KONG

PERSONAL FOR RICKETTS, HKD, FROM AMBASSADOR HONG KONG PERSONAL FOR GOVERNOR

UKREP JLG PERSONAL FOR PAUL

&

HONG KONG TELNO 95: COLONIAL LAWS VALIDITY ACT

1.

I AM SORRY THAT WE HAVE DELAYED COMMENTING ON THE POINTS RAISED IN HONG KONG TELNO 3931 OF 1991.

2. THE CHINESE DIMENSION IS RELATIVELY EASY TO ASSESS. IF LEGCO SOUGHT TO ALTER ITS OWN CONSTITUTION, WHETHER BY RELYING ON SECTION 5 OF THE COLONIAL LAWS VALIDITY ACT OR THROUGH SOME OTHER DEVICE, THE CHINESE WOULD SEE IT AN AN EGREGIOUS EXAMPLE OF LEGCO MEMBERS USURPING THE FUNCTIONS OF THE EXECUTIVE AND WOULD EXPECT THE GOVERNOR OR HMG TO BRING THEM INTO LINE PRETTY SHARPLY. THE CHINESE WOULD REGARD HOW THAT WAS DONE AS A MATTER FOR THE BRITISH SIDE. BUT THEY WOULD EXPECT ACTION TO BE TAKEN QUICKLY. THEY WOULD THEREFORE BE LIKELY TO HAVE A PREFERENCE FOR OPTION D IN PARAGRAPH 7 OF HONG KONG TELNO 3931 AS THE SIMPLEST SOLUTION. FAILING THAT THEY WOULD BE UNLIKELY TO HAVE ANY DIFFICULTY WITH THE GOVERNOR'S PREFERRED OPTION.

MCLAREN

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59

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

PUSD

DISTRIBUTION

63

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PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

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